SLS 18RS-7 ORIGINAL
2018 Regular Session
SENATE BILL NO. 390
BY SENATOR CLAITOR
SUITS AGAINST STATE. Provides for the order of payment of judgments and
compromises against the state, subject to funding. (gov sig)
1 AN ACT
2 To enact R.S. 13:5109(B)(3) through (5), relative to the payment of final nonappealable
3 judgments and compromises rendered against the state; to provide for the order
4 judgments and compromises are to be paid, subject to legislative appropriation; to
5 provide that the Joint Legislative Committee on the Budget may make changes to the
6 order on a case-by-case basis; to provide for an effective date; and to provide for
7 related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 13:5109(B)(3) through (5) are hereby enacted to read as follows:
10 ยง5109. Authority to compromise; judgment; notice of judgment; payments
11 * * *
12 B.
13 * * *
14 (3) To the extent that appropriated funds are available to pay final
15 nonappealable judgments or compromises which are in compliance with the
16 procedures for the payment of such judgments or compromises, judgments and
17 compromises shall be paid in the following order:
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 390
SLS 18RS-7 ORIGINAL
1 (a) First, lawsuits which are compromised when the amount to be paid
2 by the state per lawsuit is less than one hundred thousand dollars, with the
3 oldest compromises being paid first.
4 (b) Second, lawsuits which have a final nonappealable judgment when
5 the amount the state is cast in judgment per lawsuit is less than one hundred
6 thousand dollars, with the oldest judgments being paid first.
7 (c) Third, lawsuits which are compromised when the amount to be paid
8 by the state per lawsuit is between one hundred thousand dollars and two
9 hundred fifty thousand dollars, with the oldest compromises being paid first.
10 (d) Fourth, lawsuits which have a final nonappealable judgment when
11 the total amount the state is cast in judgment per lawsuit is between one
12 hundred thousand dollars and two hundred fifty thousand dollars, with the
13 oldest judgments being paid first.
14 (e) Fifth, lawsuits which are compromised when the amount to be paid
15 by the state per lawsuit is in excess of two hundred fifty thousand dollars, with
16 the oldest compromises being paid first.
17 (f) Sixth, lawsuits which have a final nonappealable judgment when the
18 total amount the state is cast in judgment is in excess of two hundred fifty
19 thousand dollars, with the oldest judgments being paid first.
20 (4) The state agency or department which is found to be at fault shall pay
21 five percent of the judgment from its appropriated funds.
22 (5) The Joint Legislative Committee on the Budget may allow changes
23 to the order set forth in Paragraph (3) of this Subsection on a case-by-case basis.
24 * * *
25 Section 2. This Act shall become effective upon signature by the governor or, if not
26 signed by the governor, upon expiration of the time for bills to become law without signature
27 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28 vetoed by the governor and subsequently approved by the legislature, this Act shall become
29 effective on the day following such approval.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 390
SLS 18RS-7 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
SB 390 Original 2018 Regular Session Claitor
Present law provides that in any judgment rendered in any suit filed against the state, a state
agency, or any compromise reached in favor of the plaintiff or plaintiffs in any such suit
shall be exigible, payable, and paid only out of funds appropriated for that purpose by the
legislature, if the suit was filed against the state or a state agency.
Proposed law retains present law but to the extent that appropriated funds are available to
pay final nonappealable judgments or compromises which are in compliance with the
procedures for the payment of such judgments or compromises. Proposed law sets forth the
order in which judgments should be paid, as follows:
(1)First, lawsuits which are compromised when the amount to be paid by the state per
lawsuit is less than $100,000, with the oldest compromises being paid first.
(2)Second, lawsuits which have a final nonappealable judgment when the amount the
state is cast in judgment per lawsuit is an amount less than $100,000, with the oldest
judgments being paid first.
(3) Third, lawsuits which are compromised when the amount to be paid by the state per
lawsuit is between $100,000 and $250,000, with the oldest compromises being paid
first.
(4)Fourth, lawsuits which have a final nonappealable judgment when the total amount
the state is cast in judgment is between $100,000 and $250,000, with the oldest
judgments being paid first.
(5)Fifth, lawsuits which are compromised when the amount to be paid by the state per
lawsuit is in excess of $250,000, with the oldest compromises being paid first.
(6) Sixth, lawsuits which have a final nonappealable judgment when the total amount
the state is cast in judgment is in excess of $250,000, with the oldest judgments
being paid first.
Proposed law further provides that the state agency or department which is found to be at
fault shall pay five percent of the judgment from its appropriated funds.
Proposed law also authorizes the Joint Legislative Committee on the Budget to allow
changes to the order set forth in proposed law on a case-by-case basis.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 13:5109(B)(3)-(5))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.